Code of fair competition for the retail monument industry

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Material Information

Title:
Code of fair competition for the retail monument industry as approved on March 26, 1934
At head of title:
National Recovery Administration
Physical Description:
511-527 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Sepulchral monuments -- Law and legislation -- United States   ( lcsh )
Industries -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
Approved Code no. 366.
General Note:
Registry no. 1330-12.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004860872
oclc - 35026675
System ID:
AA00006530:00001

Full Text

I I
Ior sale by the Superintendent of Documents, W'ashington, D.C. - Price 5 cents


Approved Code No. 386


Registry No. 10)30--12


NATIONAL RECOVERY ADMINISTRATION




C ODE OF FAIR CO~M PETITION

FOR THEI


RETAIL ~MONUMIENTI

INDUSTRY


AS APPROVED ON MARCH 26, 1934


WE Do OUR PARY


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934






















This publication is for sale by the Superintendent of Documents, Government
Printing OflFice, W'ashington, D.C., and by district of~iees of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMM~ERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Masss.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamiber of Commerce Building.
Chicago, ill.: Suite 1706, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas. Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jracksonville, Fla.: Chamber of Commerce Building.
Kansas City, M~o.: 1028 Baltimore Avenue.
Los Angeles, C'alif.: 1163 South Broadw~ay.
Louisville, Kiy.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
M~inneapolis, Mlinn.: 213 Federal Building.
New~ Orleans, La.: Room 225-A, Custombouse.
New Y'ork, N.Y'.: 734 Custombouse.
`Norfolk, V'a.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 NLew Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
SSeattle, Wash.: 809 Federal Office Building.












Approved Code Nol. 366


CODEF OF FAIR COMPETITION
FOR THE

]RETAIL ME/iONU~~MENT\'1 INDU~'ISTILR Y

As Approved on EMarch 26, 1934


ORDER

APPROVING CODE: O FAIR COMPETITION FOR THE: RETAIIL RrONUM~ENT

An application having been duly made pursuant to and in full
compliance with the provisions of Title I: of the N;ational Recovery
Act, approved June 16, 1933, for approval of a Code? of Fair Com-
petition for the Retail Monument Industry, and hearings having
been duly held thereon and the annexed report on said Code, con-
taining findings with respect thereto, having been made and directed
to the President:
NOWI~, THERIEEiORE, on behalf of the President of the United
States, I, Hughn S. Johnson, Admninistrator for Industrial Recovery,
pursantto uthrityvesed n m byExecut~ive Orders of the Presi-
dent, including ]Exrecutive Order N.64-,dtdDcme 0
1933, and otherwise; do hereby incorporate by reference said annexedb
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of salid Act; and do hereby order that said Code of Fair
Competition be and it is herebyapproved; provided, however, that
the provisions of Article VII inoar as they prescribe a waiting
period between the filinga with the Regional Committee and the effec-
tive date of revised price lists or revised terms anld conditions of
sale be and they are hereby stayed pending my further Order either
within a period of sixty days from the effective date of this Code
or after the completion of a study of open price associations nowc9
being conducted by the National Recovery Administrationl.
HUsu S. JoBNwson,
Administrator for Inldurstr~ial Recorcry.~
Approval recommended :
A. R. GraLNCY,
Dlivisionz Adndn~istrafor.
WASHIINGTON, I).C.,
Mar~ich 96, 1934~.
40066*---425-~1 .3 -34 (511)












REPORT TO THE PRESIDENT


Th~e PRESIDENT,
ITh7e White Holuse.
SmR: This is a r~eport. on the Code of Fair Competition for the
Retail 1\Ionument Industry and on the Pubjlic Hearing conducted
thereon in Washington, D.C~. on January~ 3, 19334, in accordance with
the provisions of the National Industrial Recoveryv Act.
INDUSTRY BACKGROUND

The Retail Myonuemet Industrry, as t~he name implies, represents
the Retail selling, mnanufacturinlg andt er~ec~ting of mlonumentss in-
cluding mausoleums and other related types of memorial. The sa~le
of monuments erected in a cemleteryv c~onst~itut~es about eighty (80ro)
per cent of the dollar sales volulme of the Indust~ry in normal periods,
the remaining twenty I20%) per cent being public and private me-
morials and related objects er~ec~ted outside a cemetery. The princi-
pal materials .incorp~oratedl in mnemor~ial work and sold, and erected
by the Industry include, in the approximately order of volume imnport-
ance, Gra~nite, Marble, )Bronze and SlateR. Due to the personalized
nature of the Indlustry it is necessary, andr has always been the c~us-
toml, for members of the Industry to do a portion of the fabricating,
cutting lettering andi/or manufactur-ing of monuments sold by them-.
The members of the Indust~ry also render a personal service in the
c~lea n i g, t uckpoi nt in g, repairing, and letter ng of monuments e rectedl
in the cemetery and elsewhere.
Comlpetitively, the Industry is highly intra-competitive, although
t.her~e is a tendency for Cemetery~ operators and wholesale monument
manufacturers to center the :retail monument indlustry in compI~etition
with the established members of the Industry.
The present dleplorable conditions of the Industry is due primarily
to the failure of the con~sumning market, which condition has, in turn,
resulted in distressing trade practices by the highly competitive
members of t~he Industry. The current volume of business done by
the Retail Mlonumient Industry is about twenty-five (25%~) per cent
of 1928, at which time, it is reported the va~lue of retail monument
sales was approximately $63,000,000.00.
A further indication of the. unfortunate position in which the
Retail Monument Inldustr~y is presently situated, lies in the fact that
the sale of mlonument~s generally lags considerably behind an im-
provement in general business conditions.
HOURS ANPID WVAGESC

The Code establishes a 40-hour week excepting win~tchmen who are
permitted to work 56 hours per week; firemen, engineers and truck-
(512)






513


Imien who are permitted~ to work 48 hours; and clerical and office
employees wcho are permitted to work 44 hours, provided store hours
are 63 hours or more per week.
M~inimlum rates of wages established are~ 40 cents per hour in the
North and 30 cents per hour in the South.
Accounting, clerical and office employees are to be paid not less
than $15.00 per wreek in any cit over1 500,000 population; $14.50
per week in any city between 25,000 and 500,000 population, and
$j14.00 per w\eek in any other place.
Provision is also made for an equitable adjustment of wages above
the minimum so as to maintain wagae differentials as they existed
on June 16, 1933.
Standards of minimum rates of wages, maximum hours of labor,
and other conditions of employment maSy ~be established for specific
regions as a result of bona fide collective bargaining between em-
ployers and employees, subject to the approval of the Administrator.
Child labor is prohibited and no person under 18 years of age may
be employed at occupations or operations which are hazardous in
nature or dangerous to health.
Standarlds of safety and health are to be submitted by the Code
Authority, steps shall be taken by employers to reduce the dust
in the air breathed by employees, and workmens' compensation in-
surance for accidejntal injury shall conform with State requirements.
ECONOMIC EFFECT OF CODE

Available statistics are not very clear as to the number of workers
employed in the Retail M/onumnent Industry. It is estimated, ho~w-
ever, that in 1_928 thre total number of workers engaged in the Retail
M~lonum~ent Industryr was 36,000. By the fall of 1933 the number
had been reduced to about 15,000, working, principally on a part
time basis, a total of 405,000 man hours.
In view of these conditions, and those recited above, there is little
likelihood of any material incr~ease in employment until conditions
improve generally. The wage and hour provisions of the Code
materially improve labor conditions especially in the South where the
minimum wage rates, now established, represent an increase over
"C depression rates of nearly 50%0.
It is expected that the adoption of the fair trade rules establishedZ
in the Code wcsill stabilize the Ilndustry and materially assist in
returning it to its former healthy basis of operation.
The Deputy A~dministrator in his final report to me on said Code
having found as herein set forth anld onz the basis of all the
proceedings in this matter:
I ~find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the Nationlal I~ndustrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization, of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor andl manage-





5141


:ment under adlequiate governmental sanctions and supervision, by
eliminating unfair comp~etitive practices, by promoting the fullest
possiblel utilization of the pretselt. productive canpacit~y of industries,
by avoidingr undue restriction of production (except as may be
templorarilyT r~equired), by inlcrea~ing the consumlptionn of industrial
and agnriculturllall producrts through increasingr pulrchasin power, b
reduci ng a ndl relieving uinemploy~~ment, by irmprovi ng standards o
labor, a~nd by ot~hercwie -rehabilitnt~ing industry.
(b) Said :Indlustry normally emuploys not more than 50,00 emn-
playees and is not classified by mie as a major industry.
(c) The Code as approved~ complies in all respects with the perti-
nent pr~ovisions of said Title of said Act, including without limlita-
tion Subsection (a) of Section 3, Sulbsection (a) of Section 7i, and
Subsecitioni (b) of Section 10 thlereof; and that. the applicant group
is an Industrial Group, truly~ representat~ive of the aforesaid In-
.dustryg, and that said group imlpose no ineqjuit~able restrictions on
admission to mlembersh~ip therein.
(d) The Code is not designed to and will~ not permit m-onopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) T'hose engaged in other steps of the economic process have
not been deprived of thne~ right to bet heard prior to approval of said
Code.
For these reasons, therefore, I hav~e approved this Clode..
Respectfully,
Huan S. Jon NsoN,
A dmin~istrator.
M~unon 26, 1934.












COD)E OF FAIR COMPETITION FOR THE: RETAIL
MONUMRENTC INDUSTRY

ARlPTICLE 1--FURPOSES

To effectuate the policies of Title I of the National Industrial Re-
covery Act, this Code is esjtablishedl as a Code of Fair Comp~etition
for the Retail M/onum~ent Industry, and its provisions are the stanld-
ards of fair competition for such Industry and shall be binding upon
eeryl~ member thereof.
AnnersE II -DEFINITIONS

SEC'TION 1. The terms Retail M~onumlent, Indulstry and/or "L In-
dustry ", as used herein, includes the retail selling, designing, Petter-
ing, cleaningr, erecting and repairing of monuments and~ such
manufacturing, building and setting as is incidental thereto (except
such build~ingr and~ settingr as is customarily done by cemetteries,, and
employees so engaged are subject to the provisions of the Cemetery
Code or other code having jurisdiction) and such relatedt branches
or ubdvisonsasmay from time to time be included under the
provisions of this Cd yteAmnsrtr fe uhntc
and hearing as he may prescribe.
SECTION 2. The term. monument as used herein includes mzonu-
m~ents, memorials, markers, headstones, mnusoleums, tombs, tom~b-
stones, coping, lot enclosures, surface buriall vaults, urns, an-d all
other similar types of memorials.
SECTION 3. Tphe term member of th~e industry as used herein
includes any individual, partnership, association, corporation, or
other form of enter~prise engaged in the I~ndustry, either as an em-
playl~er or on his or its own behalf.
SECTION 4. TChe term "L employee as used herein includes anry and
all persons engaged in the Industry, however compensated, except a
member of the Industry.
SECTION 5. The terms "C Act and L" Administrator as used herlein
mean respectively Tit~le I of the N~ationlal Ilndustrialn Recovery Act,
and the Administrator for Industrial Recovery.
SECTION 6. The term "Ntational' Asjsociation" as used herein means
the Miemorial Craftsm~en of America.

ARTICLE 11- UOURS
SECTION 1. 2O~fRimzm~lt OU?.--No employees shall be permiltteed
to work in. excess of forty (40) hours ini a~ny onre week or eight (8)
hours in any twenty-four (24) hour period I~beg~innin at midnight,
except as herein otherwise provided.
("a) In case of Inecessity arisincr from inclemrent weather, or the
character of the work, or from inability to obtain competent labor, or
(515)





51~6


in case o~f seasonal requir~ementsi, an emnployee may be permitted to
work in exceess of forty (410) hours in any one: weeke or eight. hours in
any tw7enty-four hour period, provided, however, thant. t~he hours of
labor inl such e~ase shall not exceed a.n average of forty (40) hours per
week: for each six (6) mlonlthls period of the yeair or a. maxnimuim of
forty-eight (48) hours per w~eek, and provided further that overtime
rates shall be paid for all hours worked in excess of eight. (8) hours
per day or forty (40) hours per week at the Irate of one and one-half
(11/2) times the normal rate.
SECTION 2. JOZurS for Cler~ical and~l Officei Emp~loyees.--On and
after the effective date of this Code members of the Industry shall
elect to operate upon one of thle following schedules of store hours
a~nd hours of clerical and office labor.
Groulp A.--Any establishment may elect to remain open for busi-
ness fifty-six (56) hours or mlore per wieek but less than sixty-three
(63') hours per week:; no cler~ical or office employee of such establish-
ment shall work more than fort~y (40) hours per w~eek, nor more thf~an
eight (8) hours per day, nor more than six (6) days per week.
Grocup' B.--Any establishment ma elect to remain open for busi-
ness sixt.y-three (63) hours or more per wfeek; no clerical or office
employee of such establishment shall work more than forty-four (44)
hours per week; nor more than nine (0) hours per day, nor more
th~an six (6) days pe~r week.
SEC~TION: 3. WTIatChmen.-`EmIpl oyees engaged as w~atchtmen may be
perm~ittedl to ~work not in excess o~f fEifty-six (56) hours in any one
week, or more than. six (6) days in any seven (7) day period.
SiEC~TION 4. Engirrcers, Frlzem~en~ and Truckmet n .--Employees en-
gaged as engineers or firemen in manufacturing operations or truck-
men may be permitted to work not in excess of forty-eight (f8)
hours in any one week, or more than six (6) days in any seven (7)
dayI period.
(a) The maximum hours as fixed in this article shall not apply
to any emplloyee engaged in emnergaency mlaintena7nce or emergency
repair w~ork involving b;reakdowvn or protection of life or property,
but in such special case, at least one and one-half (1y/2) timeS the
normal rate shall be paid for hours worked in excess of the maximum
provided herein.
SECTION 5. ,Standard Week.--Except as otherwise herein provided,
no clerical, office, lumnper, or setter emnployee shall be. permit~ted to
work more than six (6) days in any seven (7i) day period, and no
other employee shall be permitted to work mor~e than 6ve (5) days
mn any seven (7) day period.
SECTION 6. ~ExGcept~ion, to Houlrs.-he provisions o~f this Article
shall not apply to persons employed in a professional, administrativee,
or supervisory or executive capacity who earn not less than thirty-
five ($35) dollars per seek, or to outside salesmen.
SECTIO)N 7. Emiploymenlt by Seseral Employersj.--No employer
shall knowingly permit anyv employee to work for any time which,
whlen totaled w~ith that alreadyl performed with another employer or
employers in this or any other Industry, exceeds the maximum
permitted herein.





517


ARTICLE IV-TYAGCES
SECTION 1. MiNDiiiuntl Tpyeslr.--No employee shall be paid in any
pay period less than at the rate of forty (40) cenltsj per hour, except
mr the States of Georgia, Alabama, North Carolina, Tennessee, Ar-
k-ansas, South Carolina, Flor~idn;, MisIsissppi and Louisiana,~ where
no such employee shall be paid. at less than the hourly ra;te of thirtLy
(30) cents, except as o.therw~ije hcre~inl provuided.l
SEC'TIOlN 2. Piecework Compl~ensaztion.~L- Thisi article establlilihes a
minimum rate of pay which shll~l apply, in e plct ivi~e of whether an
employece is actulally compensated on at time rate, piecework, or other
basis.
SECTION 3. BdjubmetC Oif, IEage.--Employ~\e r~s shall not reduce
the rates of wagres for employees whose rates are now in ec~e~ss of
the mlinimuml rate of wanges (nrot.wcithstandl~ing that thle number of
hours worked in such employment mray be hereby deltcrea~sedl) and
where in any case atn employer has not increased the rates of wages
for such emrployees prior to the effective date of this Code by an
equitable readjustment of all such wage r~ates such employer shall
readjust all such wage rastes, so as to maintain equitable wc\age differ-
entials as existing on June 16, 1933. This provvisio~n shall be inter-
preted in thle same manner that parangraph 7i of the President's Re-
emnployment Agreement has been i nter1p reted by th~e Adin~ li st ra1t or in
Interpretations No3s. 1 and 20.
SIECTION 4. Female Eva ployee ,s.-FIiemale employees performing
substantially the same work as male employees shall receive the same
rate of pay as male employees.
SEC'TION 5. Hanrdicappel' d Persons.-A- person whose earning ca-
pa city' is limli tedl beca use of age or physical handicap may7 be emplloy~ed
on light workr at a wvage below the minimum esab~l-lishedc by this Code
if the employer obtains from the State authority designated by the
United States Department of ILabor, a cer~tificalte authorizing his
employment at such wages and for such hours as shall be stated in
thze certificate. Provided, however, that the total number of such
employees shall not exceed five (5) percent of the total number of
employees of a member of the industry, except that each membert~l of
the industry shall be allowed to emp~loy at least one (1) such em-
playee. Each employer shall file wtith the Code Aiuthority a list of
all such persons employed by him.
SECTION G. I##%Ref Of Parymentrli.--All employees shall be paid in
lawful curr~ency or negotiable chnecks at least semi-mnonthly.
No oilfer of a partnerrsh~ip or participation in. businless management
shall be made with the intent to avoid the payment.llf of wagles.
SECTION 7. Withho76ldinrg TWages.--All wages shall be exempt from
any charge and/or deduction by the employer, except those cha1regs
and/or deductions voluntarily accepted or agreed to by th~e wage
earner, or ]permitted and/or required byT law.
S1ECTION 8. ACCOz~niing, clerical and office employees.-Accoulntingb,
clerical and office employees shall be paid not less than $15.00 p~er
week ini any city of ove~r .I0,000.~>Opopl?'1ation, or in the immediate trade
area of. such city; $114.50 per w-eek in any city of between 250,000 anrd
50!0,000 population, or in the immediate trade area .of such city; anrd
$1.4.00 per week in any other place.
49066*----125-1r,00-~~-.11-2





518


SErTION 9. OutsJidTe salesmeal.-- All satlesmen, agents, and/or sales
representatives of any member of the Indust~ry shall be paid not less
than Ten Dollars ($10.00) per week.
SIECTION. 10. Exceplt ions ---Noth~i ng h~erei n contained shall be con-
str1ued to applyl to employees whose hours of employment and/or rate
of wages are established for specific projects by competent govern-
m-Iental authority (Federal, State, or political sub-divisions thereof)
acting in. accordance with law or to employees whose hours of em-
ploymlent and/or rates of wanges are established by wage agreements
now in, force, provid~inga the rates of ~a~ges coerel~d by such agqree-
ments are in excess of t~he! minimum herein provided, and that t~he
maximum hours in such agreemuents are not more than the, maximum
herein established.
SECTION 11. Standards as to minimum rates of wages, maximum
hours of labor and such other conditions of employment as may be
necessaryS to effectuate thne policies of Tit~le I: of the Act may be
established in, the industry for a: specifically defined region as a
result of bona fide collective bargailning between trly representative
groups of employers and employees within various divisions or
localities of this industry. Such agreements shall be presented to
the Administrantor for approval. F~olloving agemn Public Haing p
proval1 may be givcen. Upon approvalti remnshl n
respct, to the performance within the defined area, he binding on all
members of thie :industry operat~ing: within the specifically defined
region of the industry with the same force and effect as the provisions
of this Code.

ARTICLE V---GawNER Laeon PROVISIONs

SECTION 1. Chid LaboT.-NO person under sixteen (16) years of
age shall be emlployed in the industry. Nio person under eighteen
(18) years of age shall be employed at operations or occupations
which are hazardous in nature or dangerous to health. The Code
Authority shall submit to the Administrator for approval within
sixty (60) days after the effective date of this Code, a list of such
operations or occupations. In any State an employer shall be
deemed to have complied~ withl this provision as to age if he shall
have on file a valid certificate or permit duly signed by the Authority
in such S~tate empowered to issue employment or a.ge certificates or
permits showing that the emnployee is of the required age.
SCECTIOIN 2. Labor Pr'ov:i.SionP of the Act.--In compliance with See-
tion 7 (a) of the AIct it is provided:
(a) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the! designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collect~ive bargaaining or other mnut~ual aid or protection.
(b) That. no employees and no on~e seeking employment shall be
required ag~ja condition of employment to join any company umion or
to refrain from ,joining, organizing, or assisting a- labor orgamiza-
tion of his own choosing.





519


(c) That employers shall comply woPith the maximu hours of
labor, minimum rates of pay, and other conditions of employment
proved or prescribed by the President.
SEctrro 3. Reclassipfatio~n of Emnployees.--No employer shall re-
classify employees or duties of occupations performed or engage mn
any other subterfuge for the purpose of defeating the purposes or
provisions of the ALct or of this Code.
SECTION 4. Con tractIn~g.--Any and/or all systems of contracts be-
tween employer and employee for the manufacture of any product
or part thereof regarding work to be done a~t a specific price and/or
by which employees engage other employees to work for them for
the purpose of avoiding the labor provisions of this Code, are pro-
hibited by this Code.
SECTION 5. Safety anrd HealthL..- Every emnployer shall provide a
safe and healthy wForking environment for his employees byr com-
plying wpith all State regulations referring to occupational safety y
and health insofar as tesame may apply to the work of his
establish ment.
Every employer shall take steps to reduce the dust in the air
breathed by his employees to such amount as may be approved from
time to time by the United States Public H-ealh Service, within
ninety ( 90) idays after the effective date of this Code.
Standards for safety and health shall be submitted by the Code
Authority to the Admlnist~rator for approval wPithin six (6) mnonthls
after the effective date of this Code.
Every employer shall protect each of his empl oyees agin st cci
dent a.rising out. of and in the course of his empomninsc
amounts and under such terms of notice and claim as are provided
under the wForkimen's compensation act of the state in which he is
em played.
SECTION 6. Stt GL atD8.-O provision in this Code shall supersede
any State or Federal Law which imposed on employers more strin-
gent requirements as to ag~e of employees, wages, hours of work, or
as to safety, healthr, sanitary, or general working conditions, or in-
surance, or fire protection, thasn are imposed by this Code.
SECTION 7. Postinig.--All em~ployers shall post copies of thiis Code
subject to such rules and regulations as thle Administrator ma~y pre-
SCPiDb.

ARTICL VI--ORGANIZATION, REGIONAL DIVISIONS, POWOiERS ANPD
DolrrES OF THE CODE ArrrHORIPY ANDl REGION~iAL COMMITTEES

SECTON 1. Organizations~ and2 Con~stituctionz.-Th'Iere shall forth-
with he constiituteed a Code Authlority consisting= of one re~presenta-
tive! from each regional divrisionl hereinafter provided, or subse-
quently formed, if said :regional division shall elect a member for
ofthe Code, Athority iti ten (10) days after the effective ctate
of hisCod, te Screaryof the ~National Association shall namle
a time and place mn each regional div~ision for a meeting of the mem-
bers of the industry whose principal place of business is located in
the particular division. Notice of said meeting and the purpose
thereof shall be sent by said Secret~ary to all known members o~f the
industry whose names may be secured in the exercise of reasonable





520


dliligence, not later tha~n ten (110) days prior to the date of said meet-
ing. At said3 meeting in echci regional division, thle members of the
indusitry of t~he particullar regiionlal dlivision shall elect from among
their numnber by a majority vote one representative from that divi-
sion w1ho shall be a mlember of the Code Authlority. They shall also
elect from amongr their Inumber by a majority vote an alternate for
said rep~lrese~ntativ~e on the Code Authority. The duly elected miemn-
ber and alternate of the Code Authorit~y shall, by virtue of such elec-
tion also becomer members of the regional committee. At said meet-
ing there shall also be elected by a majority vote from among their
number a regional committee of not less than seven nor mnore than
fifteen includingg the duly elected members of the Code~ Authority
and Alternate) members of the industry and whose principal places
of business are located inl the particular regional div~isionl. Except
thrat any region maly elect one member of the regional committee w~ho
is not a member of the Industry. The duties of each regional comn-
mittee shall be to supervise the administration of this code in their
respective divisions, subject to thre approval of the Code Authority,
anid to carry out such other duties as this Code or the Code Authority
mnay from time to time prescribe. T1Che Executive Secretaryr of the
Natiional Association shall act as Secretary of the Code Authority
without the right to vote.
SECTION 2. Admini8878 40% EfR!;isenfafke R fi& 008 Coeruh#Or-
ity.-T~he Administrator in his discretion may appoint not more than
three additional mrembers on the Code Authority without. v\ote, and
without compensation from the Induxstry, to serve for such period
of time and to represent the Administrator or such group or groups
as the Administrator may designate.
SEGCTION 3. Regional Division.-For the purposes of facilitatingr
the administration and enforcement of this C~ode and prov~id'ing for
a representative organization, the Retail Monument IndustryT is
hereby divided inlto sixteen (16) Rtegional Divisions as follows:
Division 1. M~aine, NIew Haompshi~e and Ve~rmont..
2. Miassachusetts, Rhode I~sland and Connlectic~ut.
3. New York.
4. N1\ew Jersey.
5. Pennsylvania.
6. Delaware, Maryland, District, of Columbia, Vir-
g~inia and West Virginia.
7. North Carolina, South Carolina, Gxeorgria, Flor-
ida, Alabama, Tennessee and Mfississippi.
8. Ohio, K~entuc~ky aind Lower M~ichigan.
9. ]Illino~is and Indiana.
LO. Loulisiana, Arkcansas, Oklahoma and TIexas.
11. Wisconsinr and UCpper Pleninsula of M~ichigan.
12. Miissouri, Kansks, Iowa andl NJe~r~aska.
13. M~innes~ota, North Dakota, and South Dakota.
14. Wyomingr, Utah, Colorado, New Mlexico and
AIrizona.
15. Miontana, Idahio, Washington and Oregon.
6. Califor~nia and Nevada.
A minimum of 100 mlembhers of the industry, doing business in a
geographically compact, area, mnay petition the Code Aut~hority to





521


create an addlitionafl Regional Division, and th~e Code A~uthorityl,
subject to app~roval of the Administr~ator, may create such addlcit~ional
Regional Division, whrich~ shall have the same rights, privileges, obli-
gati~ons. and duties as herein pr~ovidedl for the original Divisionb.
SEcTr~f Nv 4. ReCal Of M~ember osf the Crode Actho r~ity.-Rembnle rs
of the Codle AQuthority .shall hold offie for one year or until such time
as their sulcc~essors are elected, provided that any members of the Co.de
Authority may be recalled upon a two-thirds vote of the regional
committee of his dtivision, or by petitions of re-call signed by a
majority of the mlembers of the industry in such dlivision who have
assented to thlis Code, which petition shall be filed with the Code
Authority. In the event of such re-call, the regional comllmitteee of
suc~h division shall provide for the elections of a new representative
from said dlivisio~n on the Code Authority and until such elections~
the duly elected alter~nate from the particular dlivision shall serve
as that division's Code Autho~crity member.
SECTION 5. Failure to Elect Re2prevsentfat'ive.-If any division as
hereinnbefore provided shall fail to elect a representative for t~he
Code Authority, such representatives as are elected and approved
by the Administrator, from the various division. shall constitute the
Code Authority for the Industryr and shall admlinister tlhe Code for
the division so failing to elect a, representative.
SEC.TION 6. I0046 aM/A~ithry t0 be IfM 7/ Rcireffea fatutice.--In order
that, th~e Code .Aut~hority shall at all times be truly representative
of the Inldu!stry and in other respects comply with the provisions
of the Act, the Admninistratojr may prescribe such hearings as he
m~ay deem proper; and thereafter if he shall find that the Code
Authority: is not truly representative or does not in other respects
comply with the provilsion~s of the A4ct, may require an appropriate
modification in the method of selection of the Code AFuthority.
SEcTION ?. i#69716678 E~ttlerd to Paric~ipat c.--Every member of
the Industry shall be entitled to participate in anld share the bene-
fits of the activities of the Regional Committees and/or the Code
Auth~orit~y and to part~icipate in the selection of the members thereof,
as herein provided and shall sustain their reastmable share of thne
expenses ofits admIli nistrant ion. Such reaso~nable share of the ex-
penses of administration shall be determined by the Code Authority,
subject to approval by the Admninistrator, on the basis of volume
of business and/or such other factors as may be dleem~ed equitable.
SECTION- 8. Liability o~f Ml~em~bers. of Code Au~thorirty. otin
contained in. thiis cod~e shanll constitute the mIembers o~f -Nolithe Code
Authlorityr and/or Regional Commnit~tees partners for any purpose.
Nor shall any members of t~he Code Author~ityJ or Regional Conulnit-
tee be liable in any manner to anyone for any act of any other mem-
ber, officer, agent, or employee of the Code Aulthority or Regional
Clommlittees. Nor hall any member of the Code Authority or 1Re-
gional Committee, exercising reasonable diligence in th~e conduct of
his duties hereunder, be; liable to anyone for any action or omission
t~o act under this Code, except for his own willful misfeasance or
non-feasance.
SECTION 9. Powe'!rs anld Du21ties.--The Code Authority shall have
the following further powers and duties:





522


(a) To insure the exec~utlion of the provisions of this Code and
provide for thie compliance of the Ind-ustry with the provisions
of the ALct.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration of the Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code and
to provide for submlission by members of such information and re~-
ports as thle Adlministrlator mnay deem necessary for the purposes
recited in Seetion 3 (a) of the ACct, which information and reports
shall be submitted by members to such administrative and/or Gov-
ernmental agencies as the Admninistrator may designate; provided
that nothing in. this Code shall relieve any member of the Industry
of any existing obligations to furnish reports to any Government
agency. No individual reports shall be disclosed to any other mem-
ber, of the ]Industry or any other party except to suchr governmental
agencies as mayT be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothiing herein shall relieve the Code Au-
thority of its duties or :responsibilities under this Code and that
such TIrade associations and agencies shall at all times bei subject to
and comply with the provisions hereof.
Any Association participating directly or indirectly in the selec-
tion or activities of the Code Authority shall impose no ineqluitable
restrictions on membership, and shall submit to the Aidmimlstrator
true copies of its Articles of Associationl and Byr-laws, regulations,
and any amendments when mrade thereto, together with such other
information as to membership, organlizatiorns, and activities, as the
Administrator may deem necessary to effectuate t~he purposes of
the Act.
(e) To make recommendations to the Admlinistrator for the coor-
dination of the administration of this Code with such other codes,
if any, as may be related to the I~ndustry.
(f) To secure from. all members of the Inrdustry an equitable and
proportionate payment of the reasonable expenses of maintaining
the Code Authority and the regional Code Committees.
(g) T'o cooperate with the Admlinistrator in :regulating the use of
any N.R.A. insignia solely by those members of the Industry wvho
have assented to, and are complying with, this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry in their relations
with each other or with other industries and to recommend to the
Administrator measuires for induist~rial planning, including stabiliza-
tion of employment.
(i) The Code Author~ity shall cause to be! for~mulatedc- an account-
ing system and methods of cost findling and/or est~imating capable
of use by all members of th~e Industry. After such systemn and
methods have been for~mulatedl and approved by the Adm~inistrator,
full dletails shall be made available to all members of the Industry.
Thereafter .all members shall determine and/or estimate costs in
accor~dance with the principles of such methods.
(j) To consider reports from members of the Industry concerning
any act or practice of any person, partnlership, trust, association, or





523


corporationl which suchi members of thre ITnd~stry consider violates
any provisions of the Code or is detr~imental or injurious to the best
interests and general welfare of the retail mollnumnt industry or the
purposes of the Act.
SEC;TION 10. Actionl of C~ode Aucthority EXubject to Revieto by Ad-
usincistratlor.- I~f the Administrator shlll deterinn~~e that any action
of a code authority or any agncylcS thereof maly be unfair or unjust
or contrary to the public int erest, the Ami ni is~it rator may re~qu ire~ thi-a t
such actio-n be suspended to afford an opportunity for invetstigationl
of thle m~r~its of such action andl further conlsideraitionl by such c.valle
autority or agrency spending final action, which shall not be e~ffectiv\e
unless th~e Admhinistrator approves or unless he shall fail to disap-
p rove after thirty' (30) days notice to him of intention to proceed
with such action in its original or modified form.
SECTION ~11 dl melntfeinfd Omt ~Mor~ifeat~iois.-Thrle Code Aulthor-
ity may from time to time recommllend to the Admninistrantor amiendc-
mets and modificatioons to this Code which shall become effective as
a part of this Code upon approval by the Adm~inistratorl after such
notice and hearing as he may pre-cr~ibe.
ArlTIC.LE VII--PRICE LISTS

Fiiling P~rice Lists wci~th Reglional Comzmittee.-Arll membert1s of thne
Indusltry~ withlin ar Regionlal Division shall within thirty (30) dayrs
after the effective date of the Codtae, file price lists with the regional
committee, setting forth prices n terms, or the basis thler~eof, at
wishich they wPill sell the prodjiucts of the industry. Each memllber's
filed price list shall remain in effct for a period not to exceed ten
(10) days following the filing of a new price list, and uponl th~e
~filing of such new list by any member of the industry, the Regional
Committee shall immcdiately~ furnish. copies of such new list to all
members of the industry wcithiin. t~he Divis-ion and such lists shall
be available to any :intelrst~ed ,pa~ty. No member shall sell below
the prices contained in his price list unless to mleet the price of
another mlember.l

ARTICLE VIII--TRADE~ PRACTICE RULcES

Rtri 1. Inac~curate Afdvertisi3ng.-Noi member of the IndustryT
shall publish advertising (whether printed, radio, display, or of
any other nature), which. is misleading or inaccura.te in any materials
:particular, nor shall any member in an~y way misrepresent anry goods
(including but without limitation its use, trade mark, grade, quality,
quantity, origin, size, substance, character, nature, finish, material
content, or preparation) or credit terms, values, policies, services,
or the nature or form of the business conducted.
RULE 2. Fai Be Bill~ing.--No member of the Indu~stry shall know-
ingly wilthholdl from or insert in any quotation or invoice any state-
ment, the withholding or insertion of which makges it inaccurate in
RULE 3.Iacatera patcLarbeling.--No members of the Industry shall
brand or mark or pack: any goods in an~y maznner which is intended
a See paragraph 2 of order approving this Code.





5241


to or does deceive or mnisleadc purchasers wit~h respect to the brand,
kind, grade, quality, quantity, origin, size, substance, character, na-
ture, finish, material content, or preparation of such goods.
RULE 4. iNGuccura/8e R8/87648 dO Competitors, Etc.--No member of
the Industry shall publish advertising which refers inaccurately in
any miateriail particullar to any competitor or his goods, prices, value,
credit terms, policies, or services, with an1 intent to deceivre or mlislead
the public or to injure a competitor.
RULE 5. Selling Below Cost.-xcept as her~einafter provided, and
except to meet th competition of another member of the Inldustryv,
no member of the Industry shall mlake any sale below his own, cost.
Notwi thst and3i ng the provisions of this Rtule, any member of the
Industry may sell at less than his own cost, only in the following
bona fide trnnsact~ions: (1) IMonuments sold as bona fide clearance,
if advertised, marked and sold as such; (2) imperfect or actually~
damaged moueto oafd icniudlnso styles o
monuments, if advertised, marked and sold as such; (3) Mllonuments
sold upon the complete and final liquidation of any business; (4)
Monuments sold in quantity on contract to departments of thne
government, not for resale.
RULE f). T7LTetf8 of Law Supits.--No member of the Industry shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors
or intimidating their customers.
RULE 7. Secret Rebates.--No members of the Industry shall se-
cretly directly offer or make any payment or allowance of a rebate
refund, commission, credit, unearned discount, or excess allowance,
whether in the form of money or otherwise.
]RULE 8. Comme70ial Bribery.--No member of the Industry shall
give, permit to be given, or directly offer to give, anything of vluae
frthe purpose o f influencing or rewarding thze action of any emp-
ployee,, agent, or representative of another in relattion to the busi-
ness of the employer of such employee, the principal of such agent or
the r~epresented party, without the knowledge of such employer, prin-
cipal or party. Commercial bribery provisions shall not be construed
to prohibit free and general distribution of articles commonly used
for advertisinga except so far as such. articles are atctually used for
commellrcial briberyT as hnereinabove~ defined.
RUL-E 9. Intri8ffif6n c with alzo 1T'8 C~ontr~acle.-NFo member of
the Industry shall attempt to induce the breach of anl existing con-
tract between a comlpetitor and his customer or source of supply; nor
shall anyS such member interfere with or obstruct the performance of
such contractual duties or services.
RUTLE 10. Coerdeon.--No member of the Industry shall require that
the purchase or lea7se of any goods be a prerequisite to the purchase
or lease of anyT other goods.
RULE 11. BlaC '2til /8h.-RNO member of the Industry shall join or
pa"rticipn"te with other members of the Industry who with such mem-
ber constitute a substantial number of members of the Industry or
who together control a substantial percent of the business in any
specific pr~lodyellt or products of the trade, in any transaction known
in law as a blacklist, including any practice or dev'ice (such as a
whitelist, which accomplishes the purposes of a blacklist.)





525


RU~LE 12. POlndnfiOns.--No mlember of the Industry shall know-
ingly place a foundrcation~ undler a monumlenltt-which does not comply
with the regulations which mlay be adopted by the Regional Com-
mittee of his particular Div~ision, subject, to tthe approval of the
Adminlistrator.
R.ULE 13. Mi8slacding or Decei' ingl Cus1tomers'.--N o member of the
Industry shall knowingly misleadl or dcceive any customers.
RULE 14. Ad/1erti.P ing of Pr~ice~s.--No memrber olf th~e Ind~ustry~ shall
advrertisie. or quote prices w~ith~out definite spec~ifications~ as to complete
sizes-, material, finish for the monument, anrd a statement~ as to
wheth~er or not the price adv\er~tise~d is for the mnonumenr t set comn-
plete in the cemetery.
RUTLE 15. Bidding1, on Compeltif/olrs Designs~r or Plans. -No member
of the IndlustryS shall bid or quote on original designs, plans or speci-
licat~ions submitted to a prospject~ive customers by another member of
th~e: Industry, w7cit~hout, the consent of the member of the Inducstry,
person or conncr~mn riginatinga such design, planc, or specifications.
RUTLE 16. Selling Below1 Filed Price and Fee Spy;tlittin.--No memr-
ber of the Industry shall sell or offer to sell any products of the
Industry at a price less than or upon discounts and terms more
favorable to the pur~ch~aser than those set forth in the prices list filed
with hris regional committee (unless to mneet, the price of another
mlember); nor shall any member of the Industry secretly or openly
agree to divide with a purchaser, intending purchaser or any whole-
sale manufacturer, quarrier or wholesaler any sale commission, dis-
c~ount or profit garantedl oPr made, by a mremnber of the Industry in
such sale.
RULE 1'7. Fa 88 RecoT48.-NTo member of the I~ndustry shall will-
fully maintain an inaccurate or false mnet~hod of determining cost,
but shall conform to the method~ determined by the Code Authority
and approved by the Administrator.
RU~mLEr 18. Fictitiouh and D~eceptiv~e Bid~ding.--No member of the
Industry shall3 make a fictitious bid for the purpose of deceiving
competitors or purchasers.
RU~LE 19. Fee Xplittin2g.---No member of the Industry shall secretly
emnploy, pay, or hiire any' cemleter~y superintendennt, sexton, under-
taker, or their employees or anyone having a trust or fiduciary
relationship or interest in the prospective purchase, to make or
influence sales of monumnents.
Run 20. Formn of Contracts.--All contracts shall bear acc-urate
and complete information as to the details of each transaction,
including the terms of sale anrd method of payment, and they shall
provide that reasoinable interest and carrying charges will be added-
to unpaid balances afters thirty (30) days from the date on wh~ic~h
the contract has been fu-lfilled.
RU~TLE 21. Trade Mairk~is and Tr~ade Namries.--Except where the
copyright or Trade MIark laws otherwise required no member of the
Industry shall sell or set any monument upon which, when. set in the
cemneteryT, shall appear any trade name or trademark; except that a
trademark or a trade name having an area not in excess of two square
inches, may be placed not mlore than 2" abovec the bottom bed of the
bottom base and except upon the written r~equest of the purchaser.






526


RULE e2. 27R8e t0 ISOliiCus tt8omer8.---RO member of the Industry
shall knowingly, in any way or manner, solicit or contact a prospec-
tive customer, wh has had a death in t~he family, until two weeks
(14~ days) time has elapsed after such death, unless approached by
or expressly invited to contnet such customer prior to the expiration
of the said two weeks (14 days) period.
RULE 23. RA~~~fiserf8N Policy of Enlderseling Cromrpet~itor~s.-No
member of the I~ndustry shall use advertisinr which inaccurately
lays claim to a policy or continuing practice or generally undersell-
ing comnpet itors.
RaiTL 24. PI7/80% IPTOffltc8.--No member of the Industry shall
knowingly buy or contract to buy any monuments or parts of mnonu-
ments produced in whole or in part in a penal, reformatory, or
correctional institution located in a State nor signatory antd not
subject to the prov-isions of ~th~e Compact of Fair Competition for
Prison Industries of the United States of Amlerica. After Mlay 31,
1934, no member of the Indus~itry shall knowingly sell or offers for
sale such monuments.
RULE 25. OthLer Unfair T~radie Practices.-Nothing in this Code
shall limit the effect of any adjudication by the Courts or holding
by the F'ederal Trade Commission on complaint, finding, and order
that any practice or method is unfair, providing thatt such adjudi-
cation or holding is not inconsistent with an~y provision of the
Act or of this Code.
RULE 28. Bu84R688 acNT688e.-- TOr effectuate the purposes of the
Act and for the protection and welfare of the public, every member
of the Industry shall maintain a place of business and shall ~file
his address with. the Code Authority.
ARTICLE IX--ExPron TRADE

SECTION 1. No provision of this Code relating to prices or terms
of selling, shipping, or marketing shall apply to export trade or
sales or shipments for export trade.
ARTICLE X -1\fODIFICATION

SECTION 1. This Code and all the provisions thereof are exp~ressly
made~ subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, fromn time to
time to cancel or modify any order, approval, license, rule, or r~egula-
tion issued under said Act.
.SECTION. 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modifications to be based upon application by the Code
Authority to the Admninistr~ator "and such. notice and hearing as he
shall specify, and to become effective on approval of the A~dminis-
trator.
ARTICLE XI-MonroN C rESS EITC.

No provision of this Code shall be applied as to permit monopolies
or monop~ohstic practices, or to ehinunate, oppress, or discriminate
against small enterprises.





527

AIIRTICLE ~XII -PRICE INCREAS S

W'hereas the policy of the Act to increase real purchasing power
will be made mlor~e difficult of conrsunrunation if prices of goods and
services increase as rapidly as wa~ges, it is reco~gnizedl that price
increases except iuc'h as m~ay be required to meet individual costs
should be delayed, but w-hen made such increases should, so far as
possible, be limited- to actual additional increases in the seller's
costs.
ARTICLE XIII-EI~FFEI~ CTIVEr DATE

Thiis Code shall become efreet~ive on the second Monday after its
appr~oval by the Administrator.
Approved Code No. 366.
Registry No. 1030-12.




UNIVERSITY OF FLORIDA
lilI I I llllII IIHI IIlIllllllillIIIIIIIIll
3 1262 08486 8495